Lawrence

Lawrence v. Maloof

Good Law
1967 Cal. App. LEXIS 1892·256 Cal. App. 2d 600·64 Cal. Rptr. 233
Court of Appeal of CaliforniaDecember 1, 1967Civ. No. 31266California950 words

Opinion

Lead Opinion

Jefferson, J.

Plaintiff filed a complaint seeking to quiet title to real property purchased several years before at a marshal’s sale. The court gave judgment for defendants, enjoining plaintiff from setting up any claim to the property, and plaintiff appeals. The facts are not in dispute.

On or about May 20, 1953, plaintiff obtained and recorded a judgment against the then owner of the subject property. An execution was levied on the property and it was sold to plain *602 tiff on November 18, 1955. A marshal’s certificate of sale was issued to plaintiff which was recorded on November 25, 1955. The one-year period for redemption expired without any redemption. Plaintiff did not secure a marshal’s deed, however, until December 22, 1964, about two months before commencing this suit.

In September 1953 the judgment debtor conveyed his interest in the property to Elizabeth Maloof, one of the defendants herein, who then took possession. (The claimed interests of the other defendants derive from her.) Since September 1953 she (or her successors in interest) have been in possession of the property, paying on the encumbrances, selling off parts and paying taxes.

Among its findings, the trial court…

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